Top 5 Things You Need to Know about IEPs and 504 Plans
Navigating the school system with an exceptional child can be stressful. As a parent, you’re looking to get your child the help they need, while being thrust into a new world of acronyms, policies, and procedures that can feel downright mysterious.
Back when I was still a practicing child psychologist, I lost count of the number of families who, in complete sincerity, asked me where to move in the entire Phoenix-metro area in order to go to the school that would best support their exceptional child. Countless families were prepared to go to the lengths of a significant life event (moving!) in order to make the school process even just a little bit easier!
Understanding Individualized Education Programs (IEP) and 504 Plans, their similarities, and their differences is a great place to start in your advocacy journey. While there is a lot to know about these two documents (seriously, I took a semester-long course in graduate school focused almost solely IEPs and 504 Plans), I’ve narrowed it down to the 5 most important things you need to know.
Before we jump into these 5 important points, let’s first make sure we’re all on the same page when it comes to what IEPs and 504 Plans are:
Individualized Education Program (IEP): A legal, written document that lays out a plan for the special education instruction, services, and supports a child with a disability needs to be successful in school. As the name implies, it is individualized to each child’s needs.
Section 504 Plan: A legal (and usually written, though not always) plan aimed to prevent discrimination against kids with disabilities that includes accommodations and supports to help the child access the same general education curriculum as their peers.
OK, now let’s dive in…
1. Your child must have a disability to be eligible… but disability definitions differ.
For your child to be eligible for an IEP, the school team (of which you are a member) must determine through a comprehensive evaluation process that your child meets eligibility criteria under one or more of the 13 disability categories listed in IDEA. These include:
Specific learning disability, other health impairment, autism spectrum disorder, emotional disturbance, speech or language impairment, visual impairment, deafness, hearing impairment, deaf-blindness, orthopedic impairment, intellectual disability, traumatic brain injury, or multiple disabilities.
Furthermore, this disability must affect your child’s educational performance or their ability to benefit from the general curriculum. Your child must require specialized instruction or modifications (discussed further below) to make progress in school.
A 504 Plan, however, does not require extensive testing, but various sources of information should be considered (such as outside evaluations, grades, attendance, state testing, observations, school disciple records) in order to determine eligibility. Under a 504 Plan, your child could have any disability that interferes with your child’s ability to learn (such as ADHD, asthma, cancer, anxiety, bipolar disorder, etc.), but they must only require accommodations to the curriculum (not modifications).
In general, Section 504 has a broader definition of qualifying disabilities. Thus, children with disabilities who do not qualify for an IEP often will quality for a 504 Plan. Ultimately, the child typically needs a diagnosis documented by a doctor to be eligible for a 504 Plan. The disability must substantially limit one or more of the child’s basic life activities (learning, reading, communicating, thinking, etc.).
Please keep in mind that, with both 504 Plans and IEPs, having a medical diagnosis does not guarantee eligibility for either plan in the school. This fact can very confusing and frustrating to parents. For instance, you may have been concerned about your child’s behavior, so you sought out an evaluation by a child psychologist. The psychologist may have diagnosed your child with ADHD as a result. You decide to take the report to your school to have a meeting to get your child an IEP, only to find that the team determines your child is not eligible for those services. The team may have reviewed your child’s grades and performance at school and decided that, though they have a diagnosis, they are not in need of specialized instruction or related services. A medical diagnosis does not automatically equate to school services.
2. You’re a member of your child’s school team… kind of.
When it comes to the IEP process, you are absolutely, hands-down, part of the process. In fact, the law is very specific that the IEP team must include a parent in addition to a general education teacher, a special education teacher, a school psychologist, speech language pathologist, or someone with requisite knowledge to interpret data/testing results, and a district representative.
As the parent in this IEP process, you must receive information from the school within certain time frames. Testing is not completed and services are not rendered without your explicit consent.
When it comes to 504 Plans, however, parent involvement is not explicitly mandated in the law. It details that the team should be comprised of individuals who are familiar with the child (hmmm… sounds like you!) and individuals who understand evaluation data and service options. The reason I say “kind of” in the title of this section is because I have yet to meet a family who was excluded from the 504 Plan process. I’m not saying it doesn’t happen, I’m just saying it’s uncommon.
As a parent in the 504 Plan process, the school does have to get your permission to place your child on a 504 Plan and they must provide you a copy of the plan if the team determines that your child is eligible. But, I urge you to be a part of the development process; you know your child best.
3. IEPs and 504 Plans hold the same legal “weight”.
When it comes to whether the school has to really implement what’s detailed in your child’s IEP or 504 Plan, both documents hold equal weight. One document is not more powerful than the other legally, and both come from federal law.
The Individuals with Disabilities Education Act (IDEA) is the federal law that covers the IEP process. IDEA is a special education law for children with disabilities, focused on ages 3 to 21 years.
The Americans with Disabilities Act (ADA) is the federal law that covers the 504 Plan process. Different than IDEA, however, ADA is not focused solely on children. This federal law protects individuals with disabilities of all ages.
4. Accommodations versus modifications… what does your child need?
When determining your child’s eligibility for an IEP or 504 Plan, the school team will probably discuss if your child has a need for accommodations and modifications.
Accommodations: Accommodations are changes to how a child learns the material while still meeting standard expectations. For example, preferential seating, audio books, use of sensory tools, extended work time, planner use support… are likely to be considered accommodations so the child can access the standard curriculum.
Modifications: Modifications are changes to the curriculum or how the curriculum is taught. For example, specialized instruction (e.g., reading or writing instruction with a special education teacher), different homework, alternate tests, varied grading standards, speech therapy, occupational therapy… are likely to be considered modifications to the standard curriculum.
Children requiring only accommodations are generally best served under a 504 Plan. Children requiring accommodations and modifications will require an IEP. This is where more confusion often sets in, however… the determination of IF and WHAT accommodations and/or modifications are needed is a gray area, and will vary from school to school and IEP team to IEP team (*sigh*).
5. Goal setting and progress monitoring differ.
Goal setting and progress monitoring are really where an IEP shines. Written into each IEP is detailed information on how your child is currently performing in school, goals in applicable areas of need (e.g., reading, math, fine motor, speech), detailed lists of services (such as special education, therapies, extended school year) to reach those goals, the timing of services, needed accommodations, and standardized testing specifications. Goals are reviewed on at least a yearly basis. Further, children with IEPs must be re-evaluated every 3 years.
A 504 Plan is a lot looser in almost all of these areas. A 504 Plan should detail the accommodations and supports the child needs, as well as who will provide those services. However, no specific goals are established and there is no specific timeline for re-evaluation. At a minimum, the 504 Plan should be reviewed yearly and the child should be re-evaluated every 3 years or before a significant change in placement.
Overall, in many ways, an IEP is more robust than a 504 Plan. However, not every child is in need of the modifications and services that come with an IEP. Many children are served very well with their accommodations through their 504 Plan.
I urge parents raising exceptional children to at least pursue the 504 process. Even if their child is currently doing well in school because the teacher is providing accommodations without a formal legal document, having the protection of a 504 Plan can provide peace of mind and smooth the transition between classrooms, grade levels, and schools. Additionally, when it comes time for obtaining accommodations for testing in high school (e.g., ACT or SAT), you will need to have documentation that your child has previously received accommodations in school. Thus, having documentation in the elementary years can be beneficial later on in life.
If you would like more information on the process of school testing and evaluation, make sure to download our FREE School Testing Guide. If your child is been diagnosed with ADHD, or you suspect ADHD, you don't want to miss our FREE ADHD Treatment Guide. We take the guesswork out of supporting your child with ADHD!
Remember, you are your child’s best advocate.
Keep at it!
